GC or K3 visa

[skarrupa]

I got married this April. I made a mistake of not reading the process. Please suggest me if i should file for K3 visa or GC to bring my wife faster to this country. I am dealing with lot of stress in understanding the process. Thanks for your time.

[nichole]

You probably want a CR1 visa which will give her the greencard shortly after her arrival. You have to be a US citizen.

A. Briefly it goes like this for CR1

1. File I-130 petition
2. Wait for it's approval
3. USCIS send case to the National Visa Center
4. You both send documents, fees, and more forms to the NVC
5. Wait for NVC to send the file to the embassy in her country
6. She has medical exam and interview.
7. She gets a CR1 visa
8. She enters the US authorized for a greencard, social security card, and can work immediately.

B. This is what happens with a K3

1. File I-130 petition
2. When you get the receipt of filing, file an I-129F petition
3. Wait for approval of I-130 or I-129F to see which gets approved first. If I-130 wins go to step A 4 above.
4. If I-129F wins, wait for USCIS to send the case to NVC, and for NVC to send the file to the embassy in her country.
5. She sends visa application forms to the embassy
6. She has medical exam and interview, presenting documents at the interview, and pays a visa fee.
7. She gets a K3 visa
8. She enters the US but is NOT authorized for a greencard, social security card, or work immediately.
9. She files a bunch more forms for adjustment of status ($1070 more dollars)
10. Wait a few months for her greencard to be approved.

The thing is---The I-129F petition mentioned in Step B 3 used to win the race and it would be the K3 process. Now the I-130 processes just as fast or faster. If I-130 wins or ties getting approved first, the USCIS will shut down the K-3 process and you continue down the CR1 visa path. Hardly any K3s are issued anymore because of that. The CR1 is a better deal and cheaper too.

[skarrupa]

thanks for your help and advice Nicole